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ANNUAL MEETINGS MUST BE HELD ONCE A YEAR
M
How to
Conduct
Successful
Annual
Meetings
Under Arizona law, A.R.S. Section 33-1804(B) and 33-1248(B) an association must
conduct an annual meeting of its membership at least once a year. Conducting a
successful annual meeting requires knowledge of the association’s documents,
planning, organization, preparation and execution of the plan.
MEETING REQUIREMENTS AND PURPOSE
Requirements for an Annual Meeting
Typically, an association’s bylaws will set forth the requirements of an annual
meeting including the notice, quorum and voting.
The Purpose of the Annual Meeting
The annual meeting is conducted to elect directors and conduct other business as
may properly be brought before the meeting, such as officer and committee reports,
approval of an annual budget (if required), voting on increases in the assessment
rate or special assessments (if needed) or proposed amendments to the association’s documents (if needed). The annual meeting is also a time for discussion and
input by the members on various aspects of association life (parking issues, pet
problems, how association money is spent, etc.).
PLAN AND EXECUTE
Establish a Nominating Committee and Solicit Candidates: The board of
directors should consider establishing a nominating committee at least 75 days in
advance of the annual meeting. Notify members of the candidate names with their
biographies on the association’s web page, the newsletter, letter or special meeting. This facilitates owners making an informed choice.
MULCAHY
Community
Association
Cheat Sheet©
BRINGING ANSWERS
TO COMMUNITY
ASSOCIATIONS
This publication discusses significant
points of law as they apply to community
associations and is not intended to offer
specific legal advice or responses
to individual circumstances or problems.
MU LC A H Y LA W F I R M , P . C .
3001 East Camelback Road
Suite 130
Phoenix, Arizona 85016
Phone: 602.241.1093
Toll Free: 877.206.7164
Facsimile: 602.264.4663
E-mail:
[email protected]
www.mulcahylawfirm.net
C o p yr i g h t 2 0 1 5
MULCAHY LAW FIRM , P.C.
All Rights Reserved
Apr il, 2015
Provide Notice 10 to 50 Days in Advance of Annual Meeting: Under Arizona
law, an association must provide written notice of an annual meeting to the membership via hand delivery or sent by U.S. mail not fewer than ten nor more than fifty
days in advance of any annual meeting. Notice should include date, time, location
and purpose of the meeting. It is a good idea to include with the notice information,
the mail-in ballot and last year’s annual meeting minutes (you will save time and
postage). The board of directors and community manager should carefully review
the association’s bylaws well in advance of the meeting date to determine when the
notice must be sent, required details of the notice and the method of providing notice. It is a good idea to consult with an attorney if there are any questions regarding the meeting notice, mail-in ballot requirements or to check all documents prior
to mailing.
Announce the Annual Meeting: The date, time and location of the meeting
should be announced in newsletters, on bulletin boards, on the association’s web
page and/or on sandwich boards at the community entrance and clubhouse well in
advance of the meeting date.
Establish a Committee to Set Up for the Annual Meeting: The board should
establish a committee to set up for the annual meeting and have enough people to
complete the task in a reasonable period of time. Registration tables, microphone,
chairs, etc. should all be in place before any association members arrive. Some
associations also offer complimentary refreshments.
Create Formal Tally Sheets: The board should set up and print formal tally sheets
for counting the ballots before the meeting so that all the inspectors need to do is
tabulate and record the votes. Tally sheets should have a place for the association
name, meeting date, candidate’s names, results of the election, printed name and
signatures of the inspector’s recording the tally. Completed tally sheets should be
retained as a part of the association’s permanent records.
Create Sign-in Sheet and Log Mail-in Ballots: The board should create a sign-in
sheet that provides for an association member’s printed name, signature, lot/unit
number or address and date. Prior to the annual meeting, the management
company or board member(s) should log all returned mail-in ballots on the sign in
sheet to ensure an accurate quorum computation. The board should consider dividing the sign in sheets in the same alphabetical manner as the roster and include the
sign-in sheets at the registration table.
PLAN AND EXECUTE CONTINUED
Check the governing documents to determine if the voting process should be held by secret ballot and plan
accordingly.
Set up an efficient registration system prior to the members’ arrival: Set up an appropriate number of registration
tables and make signs that assign a portion of the alphabet to each table (for example, A-H, I-O, P-Z). A registrar should
be assigned to each table and the member rosters should be divided according to the tables so that the registrars will
only work with those names that are in their section of the alphabet. Eligibility to vote status and ballots can be included
at the registration table.
Have an accurate roster of owners: Under Arizona law, an association has a duty to keep an accurate roster of owners and their current addresses. This membership list should be updated and complete for the annual meeting. It is also
a good idea to bring a laptop with internet access to provide the most up-to-date ownership information when members
are registering and questions arise.
Publicize and conduct registration and a “social time” 30 to 60 minutes prior to the start of the meeting and request that owner(s) come early to register.
Have a greeter at the door to welcome and direct members.
Have association governing documents available (so that questions can be accurately answered).
Appoint a troubleshooter: There will always be unexpected events during registration at an annual meeting. Therefore, a troubleshooter (with no other responsibilities) should be designated by the board to handle anything out of the
ordinary (such as questions about ownership, right to vote and delinquent owners).
Provide ample registration materials: Determine what registration materials are needed (roster, sign-in sheets,
handouts, pens, pencils and ballots), how many copies are required and prepare them in advance.
Have a plan to distribute materials in an orderly fashion: Assign a person to distribute materials at check-in. If you
have several things to hand out, creating a packet of materials that can easily be handed to people as they check in assures that each person gets all of the necessary materials.
Conducting the vote: The board should appoint several independent “inspectors of election” to oversee the voting and
elections. The inspectors’ duties are to tabulate and record the votes on the formal tally sheets created for the expressed
purpose of capturing the votes. At least one of the inspectors should be from the opposing side if there are factions at the
annual meeting. However, no one should be an inspector who may have an interest in the election results (such as candidates, candidate’s spouses, current officers, directors or the management company). Count ballots with one group of
inspectors and re-count, if necessary, with a different group. If the association’s attorney is present, the attorney also
helps oversee this process. Cumulative voting is only allowed if provide for in the association’s documents.
Nominations from the floor: Look to your governing documents for guidance regarding whether nominations from the
floor are allowed at an annual meeting.
Conducting the meeting: An association must first obtain a quorum (a minimum number of owners present in person
or by mail-in absentee ballot) to lawfully conduct business at an annual meeting. Establish the quorum number before the
meeting. The number of members needed to constitute a quorum is almost always indicated in the association bylaws.
Arizona law provides a default quorum of ten percent if the association’s documents are silent regarding a quorum.
The president should:

Start the annual meeting promptly at the designated time.

Conduct the meeting by following the agenda and act in a business-like manner.

Use parliamentary procedure to ensure that the meeting moves along quickly.

Consider a homeowners forum at the end of the meeting or when the ballots are being counted by the inspectors of
election. This allows time for homeowners to comment on aspects of association life. Limit homeowner comment
time to 1-3 minutes per owner depending on the number in attendance. You can ask those wanting to speak to sign
in to determine how much time will be needed for the forum.
TIPS TO INCREASE ANNUAL MEETING ATTENDANCE
♦
♦
♦
♦
♦
Announce the annual meeting date, time, and location in as many places as possible
Plan and publicize a social event after or before the meeting and include food
Give away door prizes or conduct a raffle (vendors of the association may be willing to donate door prizes)
Give away awards for best lawn, flowers, best holiday decorations, etc.
Establish a program; have a discussion on hot topics such as increasing the assessment rate, crime or common
area improvements
♦ Arrange for guest speaker(s)(politicians, association attorney, landscaper, city officials, etc.)
♦ Aggressively pursue mail-in or absentee ballots
♦ Acknowledge and thank all of the volunteer work association members have contributed and give written certificates
or a written thank you from the board
Annual Meetings ♦ April 2015 ♦ MULCAHY LAW FIRM, P.C. ♦ Phone: 602.241.1093 ♦ E-mail: [email protected]
All Mulcahy Cheat Sheets© are available on-line at www.mulcahylawfirm.net